Regarding advocate

inderjeet (Querist) 17 May 2017 This query is : Resolved
My case is in evidence stage. My advocate replies that application can be given to secretary for transfer to another court where it has jurisdiction. Sir, Please answer my two queries : I regularly on each date attend my case in person whereas my advocate does not come with me although I have given authority letter of my advocate in court for attending the same. Can my advocate withdrew case without my information from court. Secondly while I was in service during inquiry I was not allowed defense assistance of my wife although she was employee of the management as part time.

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Guest (Expert) 17 May 2017
Sort it out amicably with your advocate and request him to Sign the Change of Vakalat and better appoint a Co Operative Good Advocate.When the Case is already accepted in the Present Court where could be the Question of Jurisdiction.Consult and Appoint a Local Good Senior Advocate

Rudrawar Narayanreddy (Expert) 17 May 2017
to Change advocate now no objection is not required

Guest (Expert) 17 May 2017
Usually when some one want to change the Advocate the Consent or No objection from the Existing Advocate to be Obtained.If he refuses to give the Consent the Court Permission to be Obtained to Change the Advocate for which the Court would normally Oblige.

Kumar Doab (Expert) 17 May 2017
Go thru the Vakalatnama signed by you.
Your advocate can act in accordance with powers vested in him/her.

Vakalatnama enable the counsel to perform several acts on behalf of his client ... on behalf of his client including withdraw or compromise suit or matter pending before the Court.

One may however hasten to add that it will be prudent for counsel not to act on implied authority…………….

Kumar Doab (Expert) 17 May 2017
Go thru:

--BCI: Rules on Professional Standards:

15.An advocate should not misuse or takes advantage of the confidence reposed in him by his client.

2. Not withdraw from service

http://www.barcouncilofindia.org/about/professional-standards/rules-on-professional-standards/

Kumar Doab (Expert) 17 May 2017
Change of Advocate: With NOC of Advocate or with leave (permission) of the court).

Go thru:

-- ORDER XXIII - CODE OF CIVIL PROCEDURE, 1908 : ORDER XXIII : Withdrawal and Adjustment of Suits

http://www.lawzonline.com/bareacts/civil-procedure-code/orderXXIII-code-of-civil-procedure.htm

--Juridictional High Court Rules for exact position under the Rules.

--Order 3 Rule 4 of the Civil Procedure Code: 4. Appointment of pleader.-

http://www.lawzonline.com/bareacts/civil-procedure-code/order3-rule4-code-of-civil-procedure.htm

Kumar Doab (Expert) 17 May 2017
You may like to go thru:

--Supreme Court Rules, 2013: ORDER IV, ADVOCAfES :15-20,

http://supremecourtofindia.nic.in/Supreme%20Court%20Rules,%202013.pdf

-- THE CONSTITUTION OF INDIA

22: Protection against arrest and detention in certain cases.

http://lawmin.nic.in/olwing/coi/coi-english/coi-4March2016.pdf

-- Code of Criminal Procedure Act

303.Right of person against whom proceedings are instituted to be defended.-

http://www.advocatekhoj.com/library/bareacts/codeofcriminalprocedure/303.php?Title=Code%20of%20Criminal%20Procedure%20Act&STitle=Right%20of%20person%20against%20whom%20proceedings%20are%20instituted%20to%20be%20defended

inderjeet (Querist) 17 May 2017
Can wife be defense assistant in the domestic enquiry held by management against her husband

Rudrawar Narayanreddy (Expert) 17 May 2017
High court of Karnataka judgement
Division bench Karnataka power transmission corporation ltd vs m.rajshekhar held no objection not required party at liberty to. Change his advocate.

Kumar Doab (Expert) 17 May 2017
Dear Mr.Rudrawar Narayanreddy,

Thanks for sharing a citation.

Guest (Expert) 18 May 2017
Yes if the Advocate is Not willing to cooperate for giving the Consent Only the Concerned Court could decide about that and Mostly the Court would oblige.

Guest (Expert) 18 May 2017
Agree with Experts

Guest (Expert) 18 May 2017
In the Case of Karnataka Power Transmission VS M.Rajashekar in the High Court Bengaluru On 2nd Dec 2016 Honorable Bench of Justice H.G Ramesh and Justice John Michael Cunha it is Stated Under No Circumstances a Party can be denied of his Right to appoint a New advocate of his choice and the Registry should not raise any objections

Guest (Expert) 18 May 2017
But still the Proper request to be made to the Concerned Existing Advocate for his Consent to change the Advocate and to Return the Case Bundles Failing which the Request to be made to the concerned Court and only with the Consent of Concerned Court new advocate would be included Obviously the Registry can not make any objections regarding this as Ordered by Honorable Court.

Guest (Expert) 18 May 2017
In case the existing Advocate do not agree to give NOC then the Person /Client could give/issue a Notice of Termination to to that advocate and apply to the Court for withdrawal of Vakalatnama and to accept the Fresh Vakalatnama.Order 3 of civil procedure code gives the aggrieved person the right to choose one's Pleader

Guest (Expert) 18 May 2017
Refer change of attorney-change of Lawyer-dissatisfied with Lawyer-procedure to change of Vakalathnama-Sec 49(1)C Advocates Act 1961 in chapter II Part VI BCI Rules.

inderjeet (Querist) 19 May 2017
If advocate without knowledge of client withdraw the case can appeal be filed

Regarding advocate

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